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19 Mar, 2008 6:11 am
... "provide clear, strong, consistent, enforceable standards" addressing such discrimination.6 The ADA defines individuals with disabilities
as persons who 1) have a "physical or mental impairment that substantially ... 215 F.3d 1325 (2000) held that an individual must be disabled under the ADA to bring a claim against employer testing under 42 U.S.C ... Test Constitutes A Medical Examination Under the ADA, 2007 U. Ill. L. Rev. 1279 (2007) available publicly at [home.law.uiuc.edu]. (arguing that the Karraker ...
4 Aug, 2008 7:48 am
... 402-17 margin last month. Considered to be one of the landmark civil rights laws of the 20th century, the ADA was designed to protect any
individual who is discriminated against on the basis of disability. The law was passed with overwhelming ... more generous meaning and application of the definition. The legislation
would make it easier for people with disabilities to be covered by the ADA because it effectively expands the definition of disability to
include many more major life activities, as ...
27 Jun, 2008 5:35 am
Nearly eight months ago, I asked the question: Will the Americans with Disabilities Act Be Amended? At that point, I indicated that an ADA
Restoration Act Bill of 2007 was not yet a "hot topic" but as election season heated up, we could see ... ADA cases and is sure to raise a
whole new set of issues related to the definition of "disability". For employers in Connecticut, ADA amendments could be particularly tricky
because of the risk that courts in Connecticut (which tend to follow the ADA lead) ...
10 Feb, 2007 6:02 pm
... employers from discriminating, in employment and benefits, against a qualified individual with a disability.11 The ADA also prohibits
medical inquiries or examinations[12] of applicants and employees regarding ... were disabled, it was an obvious conclusion "that Congress did not intend to bring under the
ADA's protection all those whose uncorrected conditions amount to disabilities. That group ... Wellness Programs'' (June 1, 2006). [24] See
generally Rose v. Home Depot U.S.A., Inc., 186 F.Supp.2d 595 (D ...
6 Jul, 2007 1:55 pm
... court decisions with similar facts. In Davis v. Utah State Tax Commission, the employer was held liable for an ADA violation because it
failed to engage in the interactive process to evaluate possible accommodations. In Kaufmann v. GMAC Mortgage ... unable to report to work. Such an employee may request a temporary or
permanent accommodation to work from home. Work at Home is an accommodation recognized by the EEOC. Like any requested accommodation, it must be evaluated based upon its
reasonableness ...
26 Sep, 2008 6:47 pm
... developmental disabilities, muscular dystrophy, and cancer, among many others. The reforms in the law will apply to both the ADA and
Section 504 of the Rehabilitation Act. The reforms will restore the intent of the bipartisan Congress that passed the ADA ... able to walk
eleven miles without experiencing some discomfort. In addition to these reforms, the ADAAA removes from ADA's "regarded as" prong of the
disability definition the requirement that an individual demonstrate that he or she has, or is ...
24 Mar 11:16 am
... asked, that we all have a list of candidates on the tips of our tongues. Finding Ada: I am aware of two Slaw contributors so far who have
taken part ... end of day their should be well over 1,000 contributions worldwide. Who Was Ada Lovelace? From the Wikipedia entry: She is
mainly known for having written a description of Charles ... reasons that her mother taught Lovelace mathematics at an early age. Lovelace was privately home schooled in
mathematics and science by William Frend, William King and Mary ...
5 Oct 5:10 am
... may define disability differently from the Social Security Act and The Rehabilitation Act. In fact, the Americans with Disabilities Act (ADA) provide three different definitions of disability. It is important to understand all three definitions. According to the ADA (which ... her driving, a federal court may not find that the employee has a disability under the first definition of the ADA. The take-home lesson? It appears that one's inability to drive, standing alone, may not be enough to win a ...
16 Sep, 2008 1:23 pm
... and the American Diabetes Association agree on a bill, it's a good compromise." Mastroianni predicted that one consequence of the ADA
Amendments Act will be more analysis of the actual disability and condition that persons have. As she remarked, this ... Lastly, Mastroianni emphasized the usefulness of the guidance
released last week on addressing performance-related issues under the ADA. In an upcoming post, I'll discuss a specific provision that some may
overlooked in their initial review of the ...
16 Sep, 2008 6:31 am
Last week, the Senate unanimously passed the ADA Amendments Act (S. 3406). It is similar to the bill the House passed 402-17 earlier this year.
Given this widespread bipartisan support, it is likely that we might see the first Democratically-driven employment law changes before President Bush leaves office. By doing so, this
President Bush would expand upon the law first enacted by his father in 1990. The highlights of the bill defines "substantially limits" to mean "materially restricts," it ...
16 Sep, 2008 4:20 am
... committee and President Bush is expected to sign it. As the article states: "This is the most important piece of disability legislation since the enactment of the ADA in 1990 and we are close enough to the finish line that we can see over," said Andrew Imparato, head of the ... not treating their conditions and being
protected," Harkin said. Mitchell H. Rubinstein Harvey Randall comments: The text of the bill, HR 3195, is posted on the Internet at
http://thomas.loc.gov/home/gpoxmlc110/h3195_ih.xml
6 Dec, 2006 8:58 pm
... is some truth to the idea that the high court's employment decisions have curbed the ADA's expansionary momentum. But then there are the
cases like that of Dark v. ... , and Proskauer Rose. Robert Loblaw at Appellate Decisions writes (Jul. 6): The ADA often places employers in a
difficult position, since they have knowledge of the dangers of ... , this case is similar to last year's Pacific Bell case, which involved a home repair technician who had spent
time in a mental hospital after being found not ...
6 Jun, 2008 3:31 am
It's been over four months since my last update on the ADA Restoration Act. Now word comes that a possible compromise bill is in the works that
could make the first substantial legislative changes to the ADA in over 15 years. Human Resource Executive Online has the latest details (H/T
Workplace Horizons): According to the report, the proposed modified bill: States that mitigating measures should not be considered when determining whether an impairment materially
restricts an individual's major ...
1 Sep, 2008 1:40 am
... . Grooms filed suit against the Illinois Department of Healthcare and Family Services under the Americans with Disabilities Act (ADA) and
the Rehabilitation Act, alleging that he was being forced into an institution because the state refused to pay for his necessary in-home care under the waiver program. Mr. Grooms
argued that, under the ADA mandate, the state should provide him with the same level of in-home care it would be required to provide if
he were hospitalized. The state moved ...
18 Jun, 2007 12:07 am
... note, but as there are no specific diabetes guidelines for nursing homes, the ADA standards are
the primary yardstick for judging residents' care. For the 108 nursing home residents in the current study, that care was sub par in ways that could put ... are greatly
needed."Based on their findings, the researchers have developed a set of diabetes treatment guidelines for nursing homes. They say they're
planning a second study that will see whether those guidelines can improve patients' quality of ...
16 Nov, 2006 1:46 pm
... Buchanan, a mentally ill man, was shot to death inside his isolated Maine home when he repeatedly stabbed one of two deputy sheriffs who had gone to check on ... law tended
to support the officers' actions, not put them on notice of illegality." As to the ADA claim, applying United States v. Georgia, 126 S. Ct. 877
... avoids the question of whether Title II is unconstitutional as applied to Maine, and concludes that the ADA doesn't require that Maine
provide a given level of service to Buchanan, and ...
11 May 7:18 am
... ' rights to make medical inquiries and require medical examinations of applicants and employees. With respect to applicants, the EEOC notes that the ADA operates normally to preclude all disability-related questions and medical exams until after a conditional offer has ... of the flu, to wear personal
protective gear such as face masks, and to require employees to work from home. In a separate release cryptically titled "Employment Discrimination and the 2009 H1N1 Flu Virus
(Swine Flu)," the EEOC ...
26 Jul, 2005 7:55 am
... , I never lose sight of the seemingly mundane changes it has made possible. I remember, during the long campaign to pass ADA, explaining to
a young woman in a wheelchair how the law would open new opportunities in education and employment. She said, "Senator, I ... course of physical barriers to movement in their everyday
lives. My late brother Frank, who was deaf, was sent far from home to a "school for the deaf and dumb" (yes, people routinely used this offensive term - and worse), and later was
...
2 Apr, 2007 12:19 pm
... . The case was brought by the estate of a person with schizophrenia, who was fatally shot by St. Paul police officers when they entered his home and he came at them with a
sickle and a BB gun. The plaintiffs filed suit under, inter alia, Title II of the ADA for failing to provide adequate training to the officers
in responding to individuals with mental illness. The Eighth Circuit affirmed a grant of summary judgment to the defendants. ...
24 Mar 9:29 am
Today is Ada Lovelace Day, a day set up here to encourage bloggers and twitterers to talk about women in technology. Ada B. Lovelace was a friend of Charles Babbage, and actually wrote the first computer program for Babbage's proto-computer. The idea is ... of her
co-workers, "No matter how hectic things got in those pioneering days, she was writing, publishing, speaking, taking work home, advising people, and performing myriad other
tasks…" She was also an adept leader. "She was able to foster a ...
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